California Code of Regulations
Title 13 - Motor Vehicles
Division 1 - Department of Motor Vehicles
Chapter 1 - Department of Motor Vehicles
Article 2.4 - Driver Safety
Lapses of Consciousness
Section 115.08 - Discovery

Universal Citation: 13 CA Code of Regs 115.08

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

Notwithstanding the provisions of Section 11507.6 of the Government Code, and in order to conform to the time constraints for hearings under Chapters 2 and 3 of Division 6 of the Vehicle Code:

(a) Upon written request, including electronic communication as outlined in section 115.06, by a party within 20 days of a hearing being requested or 10 or more business days before the date set for the commencement of the hearing, whichever is earlier, each party shall provide the other party with the following:

(1) The names of witnesses to the extent known to the other party, including those intended to be called to testify at the hearing, and

(2) A true copy of any document, writing, or thing which is in the possession or custody or under the control of the party and which may be relevant and admissible in evidence.
(A) All digital photographs, video, documents, or other digital-media shall be provided in a format reasonably accessible to the other party.

(B) The hearing officer may order a party to provide the digital photographs, video, documents, or other digital-media in an alternate format.

(C) If the digital-media cannot be accessed or viewed by the hearing officer it shall not be admitted.

(b) Any evidence not provided within the time required shall not be admitted at the hearing unless the proponent of the evidence can show:

(1) They did not have the document, writing, or thing in their possession, custody, or control; and

(2) They provided the evidence as soon as reasonably possible after receiving the evidence.

(c) Discovery may be served electronically by means prescribed by and in the discretion of the hearing officer.

Note: Authority cited: Section 1651, Vehicle Code; and Section 11400.20, Government Code. Reference: Sections 16070 and 16075, and Articles 1-4 (commencing with Section 13800) of Chapter 3 of Division 6, Vehicle Code; and Sections 11507.6 and 11507.7, Government Code.

Note: Authority cited: Section 1651, Vehicle Code; and Section 11400.20, Government Code. Reference: Sections 16070 and 16075, and Article 3 (commencing with Section 14100) of Chapter 3 of Division 6, Vehicle Code; and Sections 11450.05, 11450.30, 11455.30, 11507.3, 11507.7, 11508(c), 11511 and 11524, Government Code.

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